When I go through the estate planning questionnaire with a client I suggest they think long and hard before selecting their trustee. In fact, if they hesitate for a split second when naming someone I ask about it. For example, they might say, “well our son is probably our first choice… well… ahhh….”  The second […]

Not all trustees are independent and not all trustees are special… but the terms “independent trustee” and “special trustee” have the same meaning in estate planning. They are an unrelated and economically disinterested person with limited authority in a trust. Not all trusts will have such a trustee as the vast majority of trusts just […]

There are many instances where a California trust ends up without a trustee in charge.  When I do estate planning I try to come up with a number of back-up choices and thus this doesn’t happen for clients when I do the estate plan. However, not everybody comes to me for their planning. Some only […]

Who do you TRUST to be your trustee? Trust is in all caps for a reason… the person, or company, you select as trustee of your trust better be REALLY TRUSTWORTHY.  They will control your assets when you die of course… but also, generally, when you are incapacitated.  Yes, they will have your bank accounts, […]

Ethics are important to us and thus our hourly fee time is carefully noted in our time keeper program. However, some clients just do not like hourly fee arrangements. They want to know exactly how much they are going to spend.  We have heard the request many times and now we can offer FLAT FEE […]

As a fiduciary (trustee, executor, administrator, personal representative, power of attorney or attorney in fact) you should have a professional Realtor working for you.  While the Realtor should do many things here are a list of 10 to keep in mind. 10 THINGS YOUR REALTOR SHOULD PROVIDE TO THE FIDUCIARY 1) Market Analysis Report in […]

After 18 years in the trust and estate field of law I have seen enough situations which would suggest family members should NEVER BE used as executor, trustee, power of attorney or in other position of authority in your California estate plan.  This may seem like an exaggeration and maybe it is but only slightly. […]

Selling a business in probate, after death, requires special care. However, when the business is a law practice there are even more rules. This, of course, is due to the interplay between the probate code and the California Bar’s rules of ethics. If you are a lawyer then you know you can’t split fees with […]

Whether you are a trustee or a beneficiary of a California trust it’s important to be familiar with the relevant rules laid out in the California Probate Code. In particular section 10160 et seq has a ton of important things to consider including access to documents, accountings, etc….  Check them out here and let me […]

I met with a client last week who really wants to name me as their trustee when they can no longer function in that capacity (beit by death or incapacity). This is not work we actively seek out but we are generally happy to help clients who desire this. I have gone over so many […]